Skip to content
MyClaimWorth
FL
Florida · fracture

Fracture settlements
in Florida.

By 6 min read

Florida applies modified-51 comparative fault since the HB 837 reform of 2023, which also halved the personal injury statute of limitations from four years to two. For fracture claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for Florida's modified comparative — 51% bar.

Florida applies modified comparative negligence with a 51% bar. A fracture claimant who is 50% at fault still recovers 50% of damages; one assigned 51% recovers nothing. This is slightly more claimant-friendly than the 50% bar applied in some neighbouring states, and it leaves room for negotiation in mixed-liability fracture cases where the comparative-fault split is close to even.

Florida does not impose a state-specific statutory cap on the standard heads of damage in fracture cases. The band is constrained primarily by jury verdict ranges, insurance policy limits, and the strength of the medical paper trail. Catastrophic fracture claims with documented future care needs can clear the upper end of the band without bumping into a statutory ceiling.

band · US federal frame
$15,000 – $80,000
Wrist or arm fracture
Settlement aggregates

The US band is the starting point. Florida's fault rule and any applicable cap then adjust the figure.

FL · statute of limitations
2 years from date of injury (was 4; reduced by HB 837)

Fla. Stat. § 95.11(4)(a)

FL · fault rule
Modified comparative — 51% bar

Modified comparative — recovery barred at 51% claimant fault. Florida changed from pure comparative to modified-51 under HB 837 (2023) for cases accruing on or after 24 March 2023.

fracture · same region & fault regime

Compare to like jurisdictions.

How Florida's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for fracture claims.

JurisdictionFault ruleLimitationFracture page
Florida · you are hereModified comparative — 51% bar2 years from date of injury (was 4; reduced by HB 837)
GeorgiaModified comparative — 50% bar2 years from date of injuryGA · fracture
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · fracture
LouisianaPure comparative negligence1 year (la prescription) — extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024LA · fracture
MississippiPure comparative negligence3 years from date of injuryMS · fracture
North CarolinaPure contributory negligence3 years from date of injuryNC · fracture
South CarolinaModified comparative — 51% bar3 years from date of injurySC · fracture
HawaiiModified comparative — 51% bar2 years from date of injuryHI · fracture
IllinoisModified comparative — 51% bar2 years from date of injuryIL · fracture
IndianaModified comparative — 51% bar2 years from date of injuryIN · fracture
IowaModified comparative — 51% bar2 years from date of injuryIA · fracture
IdahoModified comparative — 50% bar2 years from date of injuryID · fracture
KansasModified comparative — 50% bar2 years from date of injuryKS · fracture
FL · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

editorial note

Figures on this page are starting points: the US band adjusted for Florida's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Florida. See /methodology, /sources, and /disclaimer.